I am applying though my husband who is a citizen. We have been married for two years and have 2 kids together. I am 19 years old and he is 20. I've been undocumented in the U.S. for 12 years. Is it necessary for me to travel to Mexico for the immigration meeting and the waiver or is it possible for me to stay in the U.S. while finishing the process?
You will need to go back t Mexico and consular process through Ciudad Juarez. The waiver interview will also take place there. You should retain an experienced immigration attorney to help you with this process. It is not a simple process and the procedures must be carefully followed in order to get a positive result.
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If you entered the US without inspection, yes. However, if you wait a few months, you may be able to apply for a waiver while still in the US. This will minimize the time that you will be separated.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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You will need to consult with an immigration attorney to see if you qualify to process your paperwork inside the US, a process known as adjustment of status. There are a few ways to qualify for adjustment of status under immigration law, for example if you were lawfully admitted to the US during your last entry, or if you qualify under INA 245(i). If you do not meet the requirements for adjustment of status, your only alternative will be to consular process, which means going back to your home country for a consular interview.
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